The Electoral College, Part 1: What Is It?
Sherwin Markman • May 26, 2020
Ah, yes, here we go again, four years later, facing what our president admires and the Democrats decry: the Electoral College. Thus, as Americans — as good citizens — it behooves us to take still another look at it, swallow whatever joy or dismay we may feel, and deal with it as best we can.
I will attempt to set down on paper here in four short (relatively) articles, an overview that will cover, in turn: What is this Electoral College of ours? How did it happen to come about? What has it done to us? Ought it to be changed and, if so, how?
So, then, what is this Electoral College?
Well, first of all, it is no “college” at all. It is, instead, a group of people appointed state by state in whatever manner each state legislature directs, who, in turn, determine, by majority vote, the person who shall be the president of the United States.
Specifically, what has become known as the Electoral College, was created by Article II, Section I of our Constitution, as modified and changed by Amendment XII (ratified on June 15, 1804), Amendment XX (ratified on January 23, 1933), and Amendment XXIII (ratified on March 29, 1961). Putting this all together, this is what we have now:
1. Each state shall “appoint”;
2. In such manner as its state legislature directs;
3. A number of “electors”;
4. Equal to the whole number of its representatives in Congress plus its two senators (Thus, Maryland, for example, now has 10 electoral votes — eight members of the House plus its two senators). In addition, the District of Columbia has been granted the electoral votes of the least populous state (three);
5. And the electors shall meet in their own states at a uniform time as set by Congress;
6. Where they shall cast their ballots separately for president and vice president; and
7. The candidates who receive a majority of those votes shall become president and vice president, respectively.
There are now 538 Electors, a number reached by adding 435 voting members of the House, plus the 100 senators, plus the three votes granted to the District of Columbia. Thus, it takes at least a 270 electoral vote majority to elect a president.
Even though there is no requirement to do so, every state provides that its electors are to be selected by popular vote, and, except for Maine and Nebraska (which apportion their votes), every state has decreed that all of its electors shall vote as the winner of its popular vote decides; i.e., winner takes all.
And so it is that under our electoral system, the idea that all American citizens have the same voting power utterly disappears. Thus, California, with its 55 electoral votes, has 60 times the population of Vermont, with its three electoral votes. Therefore, each Vermont voter’s presidential vote is worth three and a half times that of each California voter. The inescapable truth is that all citizens living in large population states are severely penalized in the selection of our president.
The disparity in voting equality is far worse if an election results in no candidate winning a majority of the electoral votes. In that eventuality (which could — and has on occasion — come about when more than two viable candidates are in the race), our Constitution provides that the presidential selection is sent to the House of Representatives, which is to vote among the top three electoral vote candidates. But the voting in the House is unique: It is not congressman by congressman, but, instead, it is state by state. Each of our 50 states gets one vote, and that vote is determined by a majority of its congressman. If the state’s congressional delegation vote ends up in a tie, that state does not vote. The winner is the candidate who wins the votes of 26 states.
Under this system, again using Vermont and California as examples, each state has an equal one vote voice in the election, and thus the weight of a Vermont citizen’s presidential vote becomes 60 times that of a citizen of California. To put all of it into perspective, 26 states representing less than 16 percent of our nation’s population, could elect our president.
Under our current system, the failure of any presidential candidate to receive a majority of the electoral votes will also result in a similar electoral failure by any vice-presidential candidate. However, unlike the presidential selection, the Constitution provides that, in that case, the selection of the vice president will be made between the two top candidates by the Senate, voting as it normally does.
None other than Thomas Jefferson, when contemplating this system in 1823, stated:
“I have ever considered the constitutional mode of election ultimately by states as the most dangerous blot on our Constitution, and one which will someday hit.”
And so we come to the question: How in the world did this all come about? That will be addressed in my next article.
Sherwin Markman, a graduate of the Yale Law School, lives in Rock Hall, Maryland. He served as an assistant to President Lyndon Johnson, after which he was a trial lawyer in Washington, D.C. He has published several books, including one dealing with the Electoral College. He has also taught and lectured about the American political system.
Common Sense for the Eastern Shore
The Republican Congress and President Trump are causing a health care crisis and Democrats are trying to fix it. Passed in July, the GOP budget reconciliation bill is drastically cutting health insurance programs to pay for tax cuts for billionaires. Rep. Andrew P. Harris (R-MD01) voted for the budget reconciliation bill. He voted, knowing that his vote would mean that health care costs would rise for 25,000 of his constituents in Maryland’s First Congressional District:
Efforts by the Trump administration to delay a critical court case over Maryland’s offshore wind project have failed, marking another setback in the president’s campaign to block renewable energy development along the East Coast. On Oct. 2, U.S. District Court Judge Stephanie Gallagher denied a motion filed by the Department of Justice to pause an ongoing lawsuit involving US Wind’s proposed 114-turbine wind farm off Ocean City. The administration had argued that the federal government’s shutdown prevents its attorneys from continuing the case. The judge’s swift rejection ensures that the litigation and progress on one of Maryland’s most significant clean energy projects will continue. Initially filed by Ocean City officials and a small group of residents nearly a year ago, the suit challenges the federal approval of US Wind’s project, which would deliver enough clean electricity to power more than 700,000 homes. Under the Biden administration, the federal government had defended the project in partnership with US Wind. That stance was reversed after Trump took office earlier this year and installed officials hostile to offshore wind. In September, the Trump administration filed a separate motion seeking to vacate federal approval for the Maryland project altogether, a move widely condemned by environmental advocates, labor groups, and business leaders who see offshore wind as a cornerstone of Maryland’s energy and economic future. US Wind responded forcefully to the shutdown motion, warning the court that the administration’s attempts to delay proceedings could allow it to undermine the project’s approval behind the scenes quietly. The company argued that halting the case would create “existential risks” for the future of Maryland’s offshore wind industry. Judge Gallagher agreed that the case should move forward, setting the next status hearing for Oct. 7. The Trump administration’s repeated efforts to obstruct offshore wind development come as Maryland and other states have invested heavily in building the infrastructure, workforce, and port facilities needed to anchor the growing clean energy industry. Maryland Gov. Wes Moore has championed the sector as a key driver for well-paying jobs and long-term economic resilience for the Eastern Shore. Supporters of US Wind point out that the project will bring over $1 billion in investment to Maryland, generate thousands of construction and maintenance jobs, and help deliver cleaner, more affordable energy to homes and businesses across the region. “Offshore wind isn’t just about turbines, it’s about jobs, innovation, and independence,” one clean energy advocate said after the ruling. “Every delay costs working Marylanders opportunity, and this decision ensures progress continues.” While the broader lawsuit over the project’s approval is ongoing, the latest ruling represents a clear win for those fighting to keep Maryland’s offshore wind future on track — and a blow to Trump’s attempt to turn back the clock on clean energy.
Maryland has eight congressional districts, and the seats for all but District 01 are filled by Democrats. As we well know, the First District representative is a Republican — Andrew P. Harris. Here’s what Maryland’s congressional district map is now.
With standing room only at Salisbury’s Historic Poplar Hill Mansion, and blending policy, community service, and grassroots energy, Megan Outten launched her campaign for Wicomico County Council District 7 before almost 100 supporters on Oct. 4. The event drew community residents, labor leaders, and local officials, many of whom also helped to pack nearly 300 care kits for Wicomico residents in need. The community service effort doubled as a campaign statement about what Outten calls “choosing connection over convenience.” District 7 is one of Wicomico’s newly drawn single-member districts, with a Democratic advantage of 7.7%. Outten recalled her family’s history of service in Fruitland and Salisbury. “Service isn’t just politics in my family,” she said. “It’s how you belong to a place. It’s how you prove you care.” She pointed to the county’s landfill crisis, water and septic system failures, and school underfunding as examples of leadership that reacts rather than plans. “This is what happens when leaders only react after things break,” she said. “It costs us more. It hurts families. It robs our kids of the future they deserve.” Outten was joined by several local leaders who offered strong endorsements and reflections on her record. AFSCME Local 3 Eastern Shore representative Jack Hughes praised her leadership on the Salisbury City Council, crediting her with helping pass the Eastern Shore’s first municipal labor code, a significant win for city workers and first responders. Councilman Josh Hastings, who represents the district and is running for the Maryland House of Delegates in District 38B, said Outten would be “crucial in carrying forward the progress we’ve made” on clean water, schools, and infrastructure planning. Whitney Snowden-Olanrewaju from Blending Cultures, a non-profit organization that promotes diversity and equality, spoke about Outten’s record of community inclusion and bridge-building across diverse groups. Outten’s campaign is expected to roll out additional endorsements in the coming weeks. In her speech, she outlined a platform focused on fully funding schools, investing in infrastructure before it fails, and ensuring that county government works for everyone. “This campaign is not mine,” she told the crowd. “It’s ours. I am not standing above you. I am standing with you. And together, we will put Wicomico families first.” With enthusiasm, endorsements, and her message that’s focused on service and accountability, Outten’s kickoff reinforced that District 7 is already shaping up to have a strong favorite in 2026.
Community Rallies After Theft of Car Containing Hundreds of Care Kits for Wicomico Residents in Need
An act of inhumanity in Salisbury has sparked an outpouring of compassion. Early on Oct. 5, community organizer Jared Schablein’s car was stolen from his backyard. Inside the vehicle were hundreds of care kits assembled just days earlier during Megan Outten’s Wicomico County Council District 7 campaign kickoff event. Packed by volunteers at Salisbury’s Poplar Hill Mansion, the kits contained feminine hygiene products, socks, and toiletries meant for Wicomico County residents facing housing insecurity. “Those kits were meant for neighbors in need,” said Schablein. “If nothing else, I hope whoever took them returns them. Getting those care kits to the folks who need them matters more to me than anything else.” Schablein and Outten have turned the theft into action, launching a new effort called the “Care Kits Comeback Drive.” The event, scheduled for Oct. 12 at 2pm at Poplar Hill Mansion, aims to replace every lost kit, and more. Volunteers are asked to bring or donate items such as sanitary wipes, socks, toothpaste, period products, and underwear. Donations will support the Wicomico County Library, Help and Outreach Point of Entry, and other local service organizations. In announcing the new drive, Schablein emphasized the deeper meaning behind the effort: “When acts of inhumanity happen, the best response is acts of humanity. We’re showing that Salisbury’s compassion can’t be stolen.” Despite the setback, organizers say community support has been overwhelming. Donations began arriving within hours of the announcement, and several local groups have offered to distribute supplies once the new kits are complete. The theft is still under investigation by the Salisbury Police Department. As one volunteer put it at the last event, “Community isn’t guaranteed, it’s built.” This Sunday, Salisbury will build it again.
What began as a grassroots campaign to preserve a parcel of local land has become one of the most inspiring community movements on the Eastern Shore. Led by residents James and Mikele Dahlen and Holly Campbell, alongside dozens of volunteers, the Save Connelly Mill Park effort reached a significant milestone last week as Maryland Secretary of Natural Resources Josh Kurtz toured the site with local and state officials to explore opportunities for partnership and permanent protection. On Sept. 23, citizens gathered at Connelly Mill Park with a delegation of state and county leaders, including Sen. Mary Beth Carozza, Del. Barry Beauchamp, County Council President John Cannon, Vice President Jeff Merritt, Councilman James Winn, and local municipal representatives from Delmar and Salisbury. The tour marked the strongest signal to date that the state may play an active role in turning the park’s long-promised vision into reality. Advocates for Save Connelly Mill Park presented Kurtz with a booklet outlining the site’s environmental, historical, and economic importance. The presentation highlighted Connelly Mill’s potential to become a keystone of Wicomico’s park system — protecting the Paleochannel aquifer, preserving wildlife habitats, and providing much-needed green space for recreation and community gathering. Located just five miles from Salisbury, the 234-acre property has rolling forest, wetlands, and unique topography that advocates say could one day make it the “Central Park of Wicomico County.” “The natural beauty of Connelly Mill spoke for itself,” said one organizer after the event. “What we have here is not just land, it’s a promise to future generations.” Adding to the momentum, the community’s advocacy materials were presented directly to Maryland Gov. Wes Moore the next day at the Tawes Crab and Clam Bake in Crisfield, where he was briefed on the citizens’ efforts and growing local support. The proposed park would provide walking trails, open space for families, and educational opportunities while safeguarding vital water resources and promoting mental, physical, and social well-being for county residents. For many, the movement to save Connelly Mill has come to represent more than just one park. It’s about accountability, long-term planning, and ensuring public commitments to community spaces are kept. “We’re not out of the woods yet,” the group shared in a recent update. “But the spotlight is on Connelly Mill, and the momentum is growing.” As the state evaluates whether to designate Connelly Mill as a Partnership Park, supporters say they will continue to meet with officials and rally community engagement to ensure this once-forgotten project finally fulfills its promise. If realized, Connelly Mill would not only protect vital natural resources — it would stand as testament to what determined citizens can build when they refuse to give up.
